Bassett v. Fidelity & Deposit Co.
Massachusetts Supreme Judicial Court
Contract in the name of the Judge of Probate for Hampshire County against the surety on the bond of William B. and Edmund H. Sawyer, as executors under the will of Sarah J. Sawyer.
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Contract in the name of the Judge of Probate for Hampshire County against the surety on the bond of William B. and Edmund H. Sawyer, as executors under the will of Sarah J. Sawyer. Writ dated January 18,1902. At the trial in the Superior Court before Maynard, J., it appeared that William B. and Edmund H. Sawyer were appointed executors under the will of Sarah J. Sawyer on December 8, 1898, and resigned their trust on October 2, 1900. They were succeeded by George L. Loomis, and upon his death Carlos C. Tracey was appointed administrator de bonis non with the will annexed and was the…
1Opinion of the CourtLoring, J.
The principal exception of the defendant corporation is to the refusal of the judge to recommit the case to the assessor to take evidence as to the insolvency of the executor, *212and of the firm of which he was a member at the date of the testatrix’s decease.
The contention which has been made in support of this exception is that the obligation, of a surety on an executor’s bond goes no farther than to guarantee that the executor will lawfully administer the assets of the testatrix which had an existence in fact and which came to his hands or knowledge, and that it is beyond the scope of such a…
2Cases cited15 opinions
- Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
- Baucus v. . StoverNew York Court of Appeals · 1882
- Choate v. ArringtonMassachusetts Supreme Judicial Court · 1875
- Tarbell v. JewettMassachusetts Supreme Judicial Court · 1880
- McCarty v. FrazerSupreme Court of Missouri · 1876
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3Cited by27 opinions
- State v. SmithSupreme Judicial Court of Maine · 1944
- George H. Sampson Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1909
- Rowe v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1911
- Nugent v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1921
- Fidelity & Deposit Co. v. NorwoodCourt of Appeals of Georgia · 1928
22 more not listed; retrieve them via the Exa API.